§  52.23   Deployment of long-term database methods for number portability by
LECs.

   (a) Subject to paragraphs (b) and (c) of this section, all local
   exchange carriers (LECs) must provide number portability in compliance
   with the following performance criteria:

   (1) Supports network services, features, and capabilities existing at
   the time number portability is implemented, including but not limited
   to emergency services, CLASS features, operator and directory
   assistance services, and intercept capabilities;

   (2) Efficiently uses numbering resources;

   (3) Does not require end users to change their telecommunications
   numbers;

   (4) Does not result in unreasonable degradation in service quality or
   network reliability when implemented;

   (5) Does not result in any degradation in service quality or network
   reliability when customers switch carriers;

   (6) Does not result in a carrier having a proprietary interest;

   (7) Is able to migrate to location and service portability; and

   (8) Has no significant adverse impact outside the areas where number
   portability is deployed.

   (b)(1) All LECs must provide a long-term database method for number
   portability in the 100 largest Metropolitan Statistical Areas (MSAs),
   as defined in § 52.21(k), in switches for which another carrier has
   made a specific request for the provision of number portability,
   subject to paragraph (b)(2) of this section.

   (2) Any procedure to identify and request switches for deployment of
   number portability must comply with the following criteria:

   (i) Any wireline carrier that is certified (or has applied for
   certification) to provide local exchange service in a state, or any
   licensed CMRS provider, must be permitted to make a request for
   deployment of number portability in that state;

   (ii) Carriers must submit requests for deployment at least nine months
   before the deployment deadline for the MSA;

   (iii) A LEC must make available upon request to any interested parties
   a list of its switches for which number portability has been requested
   and a list of its switches for which number portability has not been
   requested; and

   (iv) After the deadline for deployment of number portability in an MSA
   in the 100 largest MSAs, according to the deployment schedule set forth
   in the appendix to this part, a LEC must deploy number portability in
   that MSA in additional switches upon request within the following time
   frames:

   (A) For remote switches supported by a host switch equipped for
   portability ("Equipped Remote Switches"), within 30 days;

   (B) For switches that require software but not hardware changes to
   provide portability ("Hardware Capable Switches"), within 60 days;

   (C) For switches that require hardware changes to provide portability
   ("Capable Switches Requiring Hardware"), within 180 days; and

   (D) For switches not capable of portability that must be replaced
   ("Non-Capable Switches"), within 180 days.

   (c) Beginning January 1, 1999, all LECs must make a long-term database
   method for number portability available within six months after a
   specific request by another telecommunications carrier in areas in
   which that telecommunications carrier is operating or plans to operate.

   (d) The Chief, Common Carrier Bureau, may waive or stay any of the
   dates in the implementation schedule, as the Chief determines is
   necessary to ensure the efficient development of number portability,
   for a period not to exceed 9 months ( i.e. , no later than September
   30, 1999).

   (e) In the event a LEC is unable to meet the Commission's deadlines for
   implementing a long-term database method for number portability, it may
   file with the Commission at least 60 days in advance of the deadline a
   petition to extend the time by which implementation in its network will
   be completed. A LEC seeking such relief must demonstrate through
   substantial, credible evidence the basis for its contention that it is
   unable to comply with the deployment schedule set forth in the appendix
   to this part 52. Such requests must set forth:

   (1) The facts that demonstrate why the carrier is unable to meet the
   Commission's deployment schedule;

   (2) A detailed explanation of the activities that the carrier has
   undertaken to meet the implementation schedule prior to requesting an
   extension of time;

   (3) An identification of the particular switches for which the
   extension is requested;

   (4) The time within which the carrier will complete deployment in the
   affected switches; and

   (5) A proposed schedule with milestones for meeting the deployment
   date.

   (f) The Chief, Wireline Competition Bureau, shall monitor the progress
   of local exchange carriers implementing number portability, and may
   direct such carriers to take any actions necessary to ensure compliance
   with the deployment schedule set forth in the appendix to this part 52.

   (g) Carriers that are members of the Illinois Local Number Portability
   Workshop must conduct a field test of any technically feasible
   long-term database method for number portability in the Chicago,
   Illinois, area. The carriers participating in the test must jointly
   file with the Common Carrier Bureau a report of their findings within
   30 days following completion of the test. The Chief, Common Carrier
   Bureau, shall monitor developments during the field test, and may
   adjust the field test completion deadline as necessary.

   (h)(1) Porting from a wireline carrier to a wireless carrier is
   required where the requesting wireless carrier's "coverage area," as
   defined in paragraph (h)(2) of this section, overlaps the geographic
   location in which the customer's wireline number is provisioned,
   provided that the porting-in carrier maintains the number's original
   rate center designation following the port.

   (2) The wireless "coverage area" is defined as the area in which
   wireless service can be received from the wireless carrier.

   [ 61 FR 38637 , July 25, 1996, as amended at  62 FR 18294 , Apr. 15, 1997;
    67 FR 13226 , Mar. 21, 2002;  68 FR 43009 , July 21, 2003;  73 FR 9481 ,
   Feb. 21, 2008]